Search Results for "Section 8"

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Search Results for "Section 8"

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High Court

Madras High Court Sets Aside Conditional Order in Section 8 Application — Trial Court Exceeded Jurisdiction by Imposing Conditions While Referring Dispute to Arbitration. The court held that under Section 8 of the Arbitration and Conciliation Act, 1996, the court's role is limited to referring parties to arbitration and cannot impose interim conditions, which are governed by Sections 9 and 17 of the Act.

23 Jan 2026

The case arises from a civil revision petition filed by the defendants (petitioners) against an order of the Principal District Munsif at Puducherry d...

High Court

Bombay High Court Upholds Interest on Delayed Gratuity Under Section 8 of Payment of Gratuity Act, 1972 — Employer's Dispute Over Quantum Does Not Justify Withholding Payment Beyond Prescribed Period.

20 Dec 2018

The judgment concerns two writ petitions arising from an order dated 27/02/2017 passed by the Assistant Labour Commissioner (Central), Nagpur, acting ...

High Court

Bombay High Court Upholds Family Court Order Directing Husband to Pay Full Ad Valorem Court Fees on Claim for Recovery of Amount in Matrimonial Dispute. Court Fees Act, 1959 - Section 8 - Inquiry into Court Fees - Held that when a party claims a specific sum of money, court fees must be paid on that amount, and the court can treat an application as an inquiry under Section 8.

6 Apr 2018

The petitioner-husband, Shri Vijay Jagdish Chheda, filed a writ petition in the Bombay High Court challenging an order of the Family Court No. 2, Pune...

High Court

Bombay High Court Allows Referral to Arbitration in Specific Performance Suit — Agreement of Sale Contains Valid Arbitration Clause. Section 8 of Arbitration and Conciliation Act, 1996 mandates referral when arbitration agreement exists and subject matter is arbitrable.

20 Mar 2018

The Petitioner, Suman Baburao Thapa, was the defendant in Special Civil Suit No.566 of 2011 filed by Respondent Nos.1 and 2 (Jigar K. Mehta and Anand ...

High Court

Bombay High Court Allows Section 8 Application and Refuses Summary Judgment in Commercial Suit for Recovery of Rs. 54.46 Crores. The court held that the existence of an arbitration agreement in the overarching Logistics Agreement and Product Purchase Agreement mandates reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, barring the court from passing a decree in the summary suit.

12 Mar 2018

The plaintiff, Drive India Enterprise Solutions Ltd., filed a summary suit against the defendant, Haier Telecom (India) Pvt. Ltd., seeking a money dec...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Section 8 Application in Partnership Dispute — Arbitration Clause Held Applicable to Disputes Between Partners and Third Parties Involved in Fraudulent Conveyance. The court held that the arbitration clause in the partnership deed covered disputes relating to the partnership firm and its property, including allegations of collusion with third parties, and directed reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

16 Feb 2017

The case involves a civil revision application filed by the original defendant nos. 1 to 6 in Special Civil Suit No. 835 of 2015 pending before the tr...

High Court

Bombay High Court Dismisses Appeal in Arbitration Jurisdiction Dispute — Section 9 Petition Not Maintainable Where Section 8 Application Already Filed Before Civil Court at Vadodara. The court held that once a Section 8 application is filed before a civil court, that court alone has jurisdiction to pass interim orders under Section 9.

13 Dec 2011

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 22 November 1999, dismissing a petition filed under Section 9 ...

High Court

Bombay High Court Upholds Relegation to Arbitration in Contract Dispute — Arbitration Clause in Annexure to Agreement Held Binding. Section 8 of Arbitration and Conciliation Act, 1996 applied to refer parties to arbitration despite dispute over existence of arbitration clause.

21 Jun 2011

The petitioner, M/s. Arihant Agrotech, a partnership firm, entered into an agreement dated 29/6/2008 with the respondents, Birla Cotsyn (I) Limited, f...

High Court

Bombay High Court Allows Arbitration Reference in Bank Guarantee Dispute — Dealership Agreement Contains Valid Arbitration Clause. The court held that the trial court erred in rejecting the Section 8 application by examining the scope of the arbitration clause, as the bank guarantee was a security under the dealership agreement and the dispute was covered by the arbitration agreement.

11 Apr 2011

The petitioner, Escorts Limited (defendant No.1), filed a Civil Revision Application challenging the order of the 3rd Joint C.J.S.D., Aurangabad, date...

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Disputes Between Landowners and Housing Society Referred to Arbitration. Court Holds That Existence of Arbitration Clause in Development Agreement Mandates Reference Despite Pending Suit.

19 Nov 2010

The petitioners, who are the trustees of Framjee Dinshaw Petit Parsee Sanitorium and owners of land on which a building for respondent No.1, a co-oper...

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